Domain Name Rights And Well-known Trademark Of The Conflict And Digestion

The development of internet has changed the whole social life profoundly and quickly. The amount of issue about the conflict between the right of domain name and the right of well-known mark has being increased. At present the question of the conflicts between the right of domain name and the right of well-known mark has been followed with interest universally by international and internal academic circles. These years a lot of countries put forward some effectively measures to solve the conflicts. But the present law needs perfection. It can not keep abreast of the quick development of Internet. The conflict between the right of domain name and the right of well-known mark has become complicated and existed in many types and fields. As some basic theories such as the attribution of the right of domain name and the legal status of the right of domain name etc are still being discussed. The balancing of interest is a basic principle of intellectual property law , and the balancing of interest constitutes is the core in the construction of value of intellectual property.The balancing of interest can also be acted as a theoretical mode and principle of methodology to cognize intellectual property law.So this paper will be on the basis of the analysis about the balancing of interest to solve the conflict between the right of domain name and the right of well-known mark. This paper will analyze some suggestions are expounded to solve these problems based on the methods used in line with the oversea laws, which includes reforming the register system of domain name, restraining the right of the well-known mark rights owners and improving the flaws that exist in domestic rules respectively. These suggestions can provide a better law environment for traditional and network economy. It is the need to realize equality and legal value between the right of domain name and the right of well-known mark. This article is mostly including three parts and puts much emphasis on resolving conflict between the right of domain name and the right of well-known mark.In the first part, it first introduces domain name's concept and basic feature and legal character. This part secondly introduces protection of well-known trademark and well-known trademark requires high-level protection, which is not confined to the protective principles and measures adopted by common trademark. Well-known trademark is more likely the target of passing off and unfair competition due to the commercial value and super profit-making ability it possesses. Therefore, it is very necessary to establish the system for protection of well-known trademark on the network. It has a general reorganization.In the second part, it first compares and analyzes the common points and differences between the right of domain name and the right of well-known mark. This part secondly introduces general form of the conflict and makes a detail and legal analysis of reflection on reverse hijacking to domain name and reflection on hijacking to well-known trademark. Then it analyzes the reasons of conflict between the right of domain name and the right of well-known mark. It includes three reasons: underlying cause, immediate cause and indirect cause.In the third part, it first makes a detail jurisprudence analysis of the interest balance principle. Property law poses double aims including the protection of intellectual property and the maintenance of public interest,and the balancing of interest constitutes is the core in the construction of value of intellectual property.Intellectual property law can be regarded as a mechanism of balancing of interest.The balancing of interest can also be acted as a theoretical mode and principle of methodology to resolve conflict between the right of domain name and the right of well-known mark. This part secondly introduces the international present situation on the legal protection of the right of domain name and the right of well-known mark. For example the U. S. domain laws. Then it introduces Chinese present legal system on the protection of the right of domain name and the right of well-known mark and point out the deficiency of it in China. At last combine international and internal legislation and judicial practice, it sums up from three respects of administration management.,legislation and judicial practice, and puts forward some proposals and settle mental measures that I think reasonable. Must utilize each method comprehensive program of public order to this question solution, consummate our country the intellectual property rights legislation and the judicature, absorb other country experience to coordinate conflict between the right of domain name and the right of well-known mark.This article is in order to call on our country to strengthen the legal protection of the right of domain name and the right of well-known mark and perfect the interrelate law and regulations.